1345 cases · page 18 of 45

patent plaintiff favorable · Nov 8, 2023

The Board of Trustees of the Leland Stanford Junior University v.Assistant Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/141/2023

The appellants challenged the rejection of their patent application (No. 9445/CHENP/2013) by the Controller, which cited objections regarding insufficient disclosure and lack of clarity in the claims. The High Court held that the impugned order lacked the necessary specificity to enable the applicant to address the objections effectively.

patent dismissed · Nov 8, 2023

Almac Discovery Limited v.The Assistant Controller of Patents & Designs

Madras High Court · (T)CMP(PT)/34/2023; (T)CMA(PT)/SR.214/2023

Almac Discovery Limited filed an appeal challenging the Impugned Order dated July 19, 2017, passed by The Assistant Controller of Patents & Designs regarding Indian Patent Application No.82/CHENP/2009. However, the petitioner subsequently instructed counsel to withdraw the appeal.

patent dismissed · Nov 7, 2023

M/s. Honda Motor Co., Ltd v.M/s. Deputy Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/183/2023 (OA/SR.59/2019/PT/CHN)

M/s. Honda Motor Co., Ltd filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the refusal order issued by the Deputy Controller of Patents and Designs on March 27, 2019. However, the appellant subsequently instructed its counsel to withdraw the appeal.

trademark dismissed · Nov 7, 2023

E.Kiruthika v.(1)K.S.Moorthi Ram, (2)M.Maheshwari Partnership Firm M/S.Vishwak Garments, The Registrar of Trade Marks

Madras High Court · (T)OP(TM) No. 427 of 2023

The Madras High Court dismissed the petition filed by E.Kiruthika seeking to cancel the trademark registration 'VISHWAK' (No.2406200). The court noted that the trademark registration had expired on October 4, 2023, and since the long stop date for renewal had passed, the petition was deemed infructuous. This highlights the critical importance of timely action regarding trademark renewals to maintain legal rights.

trademark plaintiff favorable · Nov 7, 2023

Sheeja Menon trading as M's Shwethas Hygeine Products v.M/s. Novel Tissues Pvt Ltd

Madras High Court · (T)OP(TM)/349/2023

The Madras High Court allowed the petition seeking rectification of a trademark registration, finding that the first respondent fraudulently registered an identical device mark (No. 2298691) in Class 16. The petitioner successfully demonstrated prior use and ownership rights over the mark for cosmetic wet wipes since 2011. Consequently, the Court directed the Registrar of Trade Marks to cancel the impugned registration, preventing confusion in the market.

patent dismissed · Nov 7, 2023

Mitsubishi Electric Corporation v.Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT)/179/2023

Mitsubishi Electric Corporation filed a Transfer Civil Miscellaneous Appeal (Patents) challenging the rejection of its patent application (No. 6745/CHENP/2015) by the Controller of Patents and Designs. The Madras High Court noted that this appeal was a duplication of another pending appeal, leading to its closure.

trademark dismissed · Nov 6, 2023

V.C.Dinesh v.Aby K.George; The Trademark Registry

Madras High Court · (T)OP(TM)/445/2023

The Madras High Court dismissed the Original Petition (Trade Marks) filed by V.C.Dinesh against Aby K.George and The Trademark Registry. The petition sought to remove an entry from the Register relating to registration No. 1507478, arguing it was wrongly made under Section 57 of the Trade Marks Act, 1999. However, the court noted a memo of withdrawal filed by the petitioner, confirming that the parties had reached a settlement in a prior case and agreed to withdraw this petition.

design plaintiff favorable · Nov 6, 2023

Ttk Prestige Ltd. v.Nirlon Kitchenware Private Ltd.

Madras High Court · C.S. (Comm. Div.) No.159 of 2023

Ttk Prestige Ltd. filed a suit against Nirlon Kitchenware Private Ltd. alleging infringement of its registered designs for pressure cookers and passing off due to the defendant's use of identical shapes, configurations, and phonetically similar marks like 'Svachh'. The court found in favor of the plaintiff.

trademark dismissed · Nov 6, 2023

M/s. Mex Switchgears Pvt. Limited v.M/s. Seasco Dae Jong Bldg & The Registrar of Trade Marks

Madras High Court · (T)CMA(TM)/177/2023

M/s. Mex Switchgears Pvt. Limited filed a Civil Miscellaneous Appeal challenging an earlier opposition order related to a trademark application in Class 9. However, the appellant subsequently instructed their counsel to withdraw the appeal. The Madras High Court accepted the memo of withdrawal and consequently dismissed the appeal without passing any orders regarding costs.

trademark plaintiff favorable · Nov 6, 2023

CRYTEK GmbH v.Hameed Firnas

Madras High Court · 2023:MHC:4956 (T)OP(TM)/403/2023

The Madras High Court allowed a petition filed by CRYTEK GmbH, a German company specializing in computer games, seeking rectification of the Trade Marks Register. The court found that the impugned mark registered to Hameed Firnas was deceptively similar to CRYTEK's earlier trademark and was likely to cause public confusion. Crucially, the respondent failed to provide any evidence of use for their mark despite being given an opportunity, leading the court to direct its cancellation.

patent dismissed · Nov 3, 2023

M/s.Snapbizz Cloudtech Pte Ltd. v.The Controller General of Patents, Designs & Trade Marks

Madras High Court · (T)CMA(PT)/174/2023

M/s.Snapbizz Cloudtech Pte Ltd. filed an appeal challenging the Controller General of Patents' refusal to grant a patent. The appellant subsequently instructed her counsel to withdraw the appeal, leading to its dismissal by the High Court.

trademark settled · Nov 2, 2023

M/s.Ghanshyam Perfumery And Co. v.S.Shri Kasim Ramaiah

Madras High Court · (T)CMA(TM)/1/2023 (OA/104/04/TM/CHN)

This Madras High Court case involved a Trade Marks Appeal challenging the rejection of an opposition against Trademark Application No. 582422. The parties, M/s. Ghanshyam Perfumery And Co. and S.Shri Kasim Ramaiah (trading as M/s. Shanker Perfumery Works), reached a comprehensive settlement agreement. Under the terms, they agreed to exclusive rights for 'SONA CHANDI' and other 'SONA formative trademarks,' respectively, while also agreeing not to use deceptively similar labels. The court disposed of the appeal based on these mutual consent terms.

trademark settled · Nov 2, 2023

Bharat Vastralaya v.Karishma Silks & Sarees

Madras High Court · (T)CMA(TM)/24/2023

The Madras High Court disposed of a Trade Marks Appeal between Bharat Vastralaya and Karishma Silks & Sarees based on a settlement reached between the parties. The consent terms mandate that while the Respondent can continue using 'KARISHMA' for one specific outlet in Bangalore, they must withdraw their existing trademark registration (No. 572267) in Class 24. This resolution provides a clear path forward for both parties to manage their respective rights and prevent further litigation.

patent dismissed · Oct 31, 2023

Nripendra Kashyap v.The Assistant Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/142/2023 (OA/10/2020/PT/CHN)

Nripendra Kashyap filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order by The Assistant Controller of Patents and Designs. However, the appellant subsequently instructed his counsel to withdraw the appeal.

patent dismissed · Oct 31, 2023

M/s.Moti And Company v.M/s.B.Braun Melsungen AG

Madras High Court · (T)(PT)A/1/2023; (T)OP(PT)/SR.72/2023

M/s. Moti And Company filed a petition seeking to revoke or invalidate Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner later submitted that the patent had already expired on July 13, 2021.

patent dismissed · Oct 31, 2023

M/s.Moti And Company v.M/s.B.Braun Melsungen AG

Madras High Court · (T)(PT)A/1/2023 & (T)OP(PT)/SR.72/2023

M/s. Moti And Company filed a Transfer Original Petition seeking the revocation or invalidation of Patent No. 221306 held by M/s. B.Braun Melsungen AG. The petitioner's counsel submitted that the patent had already expired on July 13, 2021.

patent dismissed · Oct 30, 2023

Nripendra Kashyap Constituted Attorney of Huawei Device Co., Ltd. v.The Assistant Controller of patents and Designs Patent Office, Intellectual Property Building, GST Road, Guindy, Chennai 600 032

Madras High Court · (T)CMA(PT)/176/2023

The appellant, representing Huawei Device Co., Ltd., filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an order granting a patent on Indian Patent Application No. 9270/CHEN/2013. The learned counsel for the appellant subsequently instructed to withdraw the appeal.

patent remanded · Oct 30, 2023

DOW GLOBAL TECHNOLOGIES LLC v.Controller Of Patents And Designs

Madras High Court · (T) CMA(PT).No.73 of 2023

The appellant challenged the rejection of its patent application for 'Ethylene-based polymers' on the ground of lack of inventive step, citing prior art documents D4 and D5. The court set aside the impugned order, holding that the arguments regarding non-obviousness were not properly engaged by the respondent. Consequently, the matter was remanded to allow reconsideration while taking into account the passage of time and foreign patent grants.

patent remanded · Oct 30, 2023

New York University v.The Assistant Controller of Patents and Designs

Madras High Court · (T)CMA(PT)/43/2023

New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.

trademark plaintiff favorable · Oct 30, 2023

Hatsun Agro Product Ltd. v.K. Sarinivas Reddy

Madras High Court · C.S. (Comm. Div) No.136 of 2022

The Madras High Court ruled in favor of Hatsun Agro Product Ltd. against K. Sarinivas Reddy for trademark infringement and passing off. The court found that the defendant's use of 'SRI AROGYA,' coupled with a deceptively similar color scheme, get-up, and packaging design, infringed upon the plaintiff's registered mark 'AROKYA.' Consequently, the court granted a permanent injunction to stop the unauthorized use and directed the defendant to pay costs.

trademark plaintiff favorable · Oct 19, 2023

Lombard Brands Ltd. v.United Spirits Limited

Madras High Court · (T)OP(TM)/193/2023 (ORA/301/2015/TM/CHN)

The Madras High Court allowed a rectification petition filed by Lombard Brands Ltd against United Spirits Limited regarding the trade mark 'STORM'. The court found that the registration for STORM in Class 33 was liable to be cancelled because the first respondent failed to demonstrate continuous use of the mark for at least five years, as required under Section 47 of the Trade Marks Act. Consequently, the Registrar was directed to remove the impugned trade mark from the register.

trademark defendant favorable · Oct 18, 2023

Nalli Sambbasivam Trading as M/s.Nalli's Silks Sari Centre v.M/s.Nalli Chinnasami Chetty & Ors.

Madras High Court · 2023:MHC:4776 (T)OP(TM)/263 & 264/2023

The Madras High Court dismissed two rectification petitions filed by Nalli Sambbasivam against M/s.Nalli Chinnasami Chetty regarding the trade mark 'Nalli'. The core issue was whether a rectification petition could proceed when an earlier infringement suit concerning the same marks was pending before the Bombay High Court. The court held that under Section 124 of the Trade Marks Act, a party must first convince the civil court to frame a triable issue on the validity of the registration before seeking rectification.

trademark defendant favorable · Oct 18, 2023

M/s.A.Habeebur Rahman Sons v.M/s.S.Jaffer Mohideen Alias Noushad

Madras High Court · (T) CMA (TM)/54/2023

The Madras High Court dismissed an appeal filed by M/s.A.Habeebur Rahman Sons against the rejection of their opposition to a trademark application (No.676174). The court found that despite the appellant's claims of prior use of 'S', the respondent's mark, which prominently features 'FILTER BEEDI,' was not likely to cause confusion among consumers. However, the judgment imposed strict conditions on the respondent, requiring them to use their label in combination with two other specific labels and formally undertake not to use the 'SS' logo independently.

patent dismissed · Oct 18, 2023

M/s.Ufo Moviez India Ltd. v.M/s Real Image Media Technologies Pvt.Ltd

Madras High Court · (T)OP(PT) No. 69 of 2023

The petitioner filed a Transfer Original Petition seeking revocation of Patent No. 202980. The court observed that the term of this patent had expired on October 18, 2022, rendering the petition infructuous.

patent dismissed · Oct 18, 2023

The University of Houston v.The Assistant Controller of Patents and Designs, Government of India

Madras High Court · (T)CMP(PT)/32/2023; (T)CMA(PT)/SR.212/2023; (OA/SR.196/2015/PT/CHN

The University of Houston filed a Transfer Civil Miscellaneous Appeal seeking to set aside an earlier order and allow its patent application (No. 379/CHENP/2008) to proceed for grant. The petitioner subsequently endorsed that it did not intend to prosecute the appeal, leading the court to dismiss the petition.

trademark plaintiff favorable · Oct 18, 2023

Shyam Enterprises Private Limited v.Hotel Amaravati

Madras High Court · C.S. No.371 of 2016

The Madras High Court partially decreed a suit filed by Shyam Enterprises Private Limited against Hotel Amaravati concerning trademark infringement and passing off. The court found that the plaintiff had successfully proven its claim regarding the use of the registered trademark AMARAVATHI in the hotel and hospitality sector. Consequently, the defendant was granted permanent injunctions restraining them from using the mark or suggesting a connection to the plaintiff's services. However, since the plaintiff did not press for claims related to damages or accounting of profits, those specific reliefs were dismissed.

trademark dismissed · Oct 18, 2023

Donaldson Filtration Deutschland Gmbh v.Ultrafilter (India) Private Limited

Madras High Court · (T)OP(TM) Nos. 513, 514 and 517 of 2023

The Madras High Court dismissed three trademark rectification petitions filed by Donaldson Filtration Deutschland Gmbh against Ultrafilter (India) Private Limited. The original petitions, which sought to expunge specific trademarks from the register under Section 57 of the Trade Marks Act, 1999, were withdrawn by the petitioner before a final ruling could be made. This outcome highlights that procedural decisions, such as withdrawal, can conclude IP litigation without substantive judgment on the merits.

patent dismissed · Oct 17, 2023

USV Private Limited v.Symed Labs Limited

Madras High Court · (T)OP(PT)/54/2023 (ORA/9/2016/PT/CHN)

USV Private Limited filed a petition in the Madras High Court seeking the revocation of Indian Patent No. 229267. The court observed that the patent's term had expired on October 16, 2023, rendering the petition infructuous.

patent plaintiff favorable · Oct 17, 2023

Huawei Technologies Co., Ltd. v.The Controller General of Patents & Designs

Madras High Court · T(CMA(PT)).53 of 2023

Huawei appealed an order rejecting its patent application (IN 4561) for a radio communication system. The appeal argued that the Patent Office failed to consider detailed arguments against obviousness and rejected amendments without proper justification. The High Court found the impugned order unsustainable due to lack of reasoned consideration and set it aside, remanding the matter.

patent remanded · Oct 17, 2023

University College London v.Assistant Controller of Patents and Designs, Government of India

Madras High Court · (T)CMA(PT).No.32 of 2023

University College London appealed the rejection of its patent application for a 'COLONIC DRUG DELIVERY FORMULATION'. The Controller rejected the application, citing prior art and lack of inventive step. The High Court set aside the rejection order, finding that the Controller failed to engage with the specific submissions made by the appellant.

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